1913-03-19 — Page 3

THE HONGKONG DAILY PRESS, WI

A DISPUTED LEASE.

argument on appeal, and I think it resirable to express in a fow words the Judgment was delivered at the Supremo construction which I also place on Sec- Court yesterday in the case which came¦tions 3 and 1 of the Ordinance. Section before the Full Court of Appeal, in which a Sub-section 1, deals with the priority Kan Yang Che appealed against the of registered deeds. Sub-section 2 deals judgment of the Chief Justice (His with unregistered deeds and provides that Honour Sir Wm. Rees Davies, K.C.) in deeds which are not registered shell bo so for as directed that a lease made fide purchaser or mortgagee for valuable void as against any subsequent bona- between J. Hennessy Sath and the consideration of the same parcela," aud appellant was null and void.

I agree that it applies whether the suby sequent purchaser has registered or not, and that the object of the Ordinance. boing to enforce registration the question of postponing a prior to a subsequent unregistered deed was apparently not re- garded by the Legislature as an element His Lordship the Presiding Judgo (Bir of weight. As regards the words "bona- W. de Sausmarez), in the course of a fide" purchaser, I adhere to the view ex- lengthy written judgment, said that this Pressed in the Court below that the equit- appeal by the defendant from the judgable doctrine of notice referred to in the cases which I cited would be applicable

Mr. Eldon Potter (instructed by Mr. Otto Kong Sing) appeared for the appellant, and Mr. M. W. Slade, K.C., and Mr. C. G. Alabaster (instructed by Mr. J. K. Hall Brutton) represented the respondent, Kwok Siu Lau.

ment of the learned Chief Justice turned

од

the construction of a lease and Sections 3 and 4 of the Land Registration Ordinance, 1844. The lease to the defen- dont was granted by a receiver appointed by the Court, and it was dated 1st March, On the 11th October, 1911, the plaintiff made an agreement to purchase from the owner the whole of a property which included that leased to the defendant. An assignment to the plaintiff was executed on the 19th January, 1912,

2011.

but for the existence of Section 4. Section

4 expressly negatives each equitable doe- trino. In regard to the construction to be placed on the agreement for purchase and the subsequent assignment of the 17th January, 1012, as to which further argu- ment was adduced which was not before the Court below, I concur in the views adopted by both my learned brothers that the assignment is an assignment of the property and not of the reversion.

The Puisne Judge said he thought it clear that the expression monthly let- tings and tenancies" does not cover any letting or lease for a term exceeding one month. As to the Ordinance, Section 4. seemed to make a new departure, and brushed away the equitable doctrine altogether in favour of a duly registered dood. Bis Lordship presumed that in

#

and registered at the Land Office on the 18th January. The agreement to purchase was registered on the 21st November, 1911. At the time of signing the agreement the plaintiff paid part of the purchase money, and was a bona fide purchaser, for he had no notice of the lease. He, however, know of it before registration on the young Colony the Legislature intended 21st November. The lease was never to make registration universal, imposing registered. The Land Registration in case of non-registration & penalty Ordinance, 1844, provided a register of which might be claimed by persons who deeds and other instruments, and Section had registered, irrespective of equities. 3 (1) provided for the priority of euch It was asked whether Section 4 would deeds and instruments according to the cover a case of fraud, and it was sug- priority of their respective dates of gested that a man who after notice goes registration. Sub-section 2 provided that on to complete his purchase and then * unregistered deeds were void against registers his deed has in fact committed a fraud. But his Lordship did not agree. "any subsequent boná-fide purchaser or mortgage for valuable consideration of Clearly Section 4 would not availa the same parcels" apparently whether fraudulent purchaser. In this case the auch purchaser bad registered or not, respondent had entered upon negotia- tions, executed a binding. agreement The Middlesex Begistry Act is, it was

to purchase, and paid deposit, contended, the same in its effect né

all in absolute good faith; and with no Sub-section 2, except that the words notice of the appellant's lease. His bona fide ocear, and an ingenious argu Lordship saw nothing fraudulent in his ment was based on their presence in the then going on to complete his purchase Ordinance; but there was another and and obtaining the protection which the material difference, for after providing law offered him. Why should be be put for registration the Act went on to say to inconvenience by the appellant's that every dood should be adjudged negligence? In his Lordship's opinion fraudulent against any. subsequent the appeal should be dismissed with costs, parchaser or mortgages for valuable con- sideration unless such memorial thereof be registered before the registering of the memorial of the deed or conveyance- under which auch subsequent purchaser or mortgagee shall claim Section 3 (2) appeared to his Lordship to deal simply with unregistered instruments, and it placed a heavy disability on unregistored deeds, postponing them to other instru- ments whether registored or unregistered, under which a subsequent bond-fide purchaser for value might claim the property in question. The Ordinaner by Section 4 enacted that "no notice, either actual or constructive, of any pricr

· unregistered deed, clo, shall affect the

Many of the guests have already an priority of any

such instrument as aforesaid is tuly registered in nounced their intention of putting in an appearance in simple life dress; there pursuance of this Ordinance," thus at will be paper table-cloths and unbaked a stroke cutting off the application of bread,

as

THE SIMPLE LIFE.

AMULING SPLIT. IN THE VEGETARIAN (CAMP.

There is a division in the camp of the Simple Life enthusiasts, says the Pall

all Gazette.

At the forthcoming Simple Life Con- ference at the Caxton Hall there is to be

least of a vegetarian character ander Simple Life conditions. Exactly what these conditions are is the rock upon which the split has occurred.

One section declares that the ideal ean only be attained if the feast is eaten on the bare floor, while the other urges the claims of plain wooden tables and chairs of rustic simplicity.

I think tables and chairs will win," Miss F. I. Nicholson declared to a repre- sentative of tho Pall Mall Gazette.

The spirit of ridicule makes Miss the equitable doctrine of notice to any Nicholson afraid of the spectacle of a unregistered deed. The effect of the group of middle-aged London Indies and Ordinance, as his Lordship read it, was gentlemen sitting in a semi-circle in simple life dress on a bare floor in the to make registration the text of priority Caxton Hall eating unbaked bread, and and by imposing harsh tems on persons would prefer something less "advanced," failing to register to comel them to do familiar to Londoners as the Greek simple so, and, further, to remo the doctrine life exponents might do it well, but there

Mr. and Mrs. Isidere Duncan, who are

of notice from transacticis in land in are others who might not either look or the Colony. For this course his Lordship be happy."

could see excellent refons. The Colony in 1844 was in the first year of its existence; it was of small extent, and it was possible to secure a perfect system of registration, for there were no existing difficulties in the way. Moreover, to open a way among t an Oriental people to avoid registration by proof of notice, whether actual or constructive, would be to encourage fraud. The preamble showed that the purpose of the Ordinance was to prevent secret and fraudulent con-

THE MENU.

Here is the sort of menu that may be served:-

Spanish Soup or Tomato Soup.. Butter Bean Roast. Lentil east. Hazel Nut Ronst..

scaroni Cheese Butter Boan Rissoles.

Green Cora Fritters.

Walnut and Marmite Paste. Cream Cheese and Muscatel Sandwiches. The underlying idea is to demonstrate that the individual cost of living can be reduced to a minimum. The inevitable ham sandwich would disappear, and the packet of raisins and nuts would take its place,

To

WM. PO

LTI

TELEPHONE

GENTLEMEN'S

PURE

HALF H SOLE DISTRI

"PHOENIX

BLACK, WHITE AN

$1.50

PER PAIR.

$8.00

PHOENIX BRAK

BOVRIL

by virtue of its body- building power fortifies the system against the attacks of illness.

By Appointment to

His Majesty the King.

VICHY

NATURAL MINERAL WATER FRENCH GOVERNMENT'S Springs

NICH

116-3

VICHY CELESTINS

in bottles and For Kidney and Kindred troubles, bladder half bottles trouble. - Gout, — Gravel. — Arthritis. For Liver trauble land Biliousness.

VICHY GRANDE-GRILLE

JOE VICHY HOPITAL

For Indigestion.

REFUSE SUBSTITUTES. MENTION NAME « SPRING REQUIRED

VICHY-ETAT PREPARATIONS VICHY-ETAT SALT Natural salt from the waters. In tins and bottles. VICHY-ETAT TABLETS 2 or 3 after meals make digestion easy. VICHY-ETAT COMPOUNDS to make your own digestive aerated water.

MONTSERRAT

Lime-Fruit Juice,

Brings to your lips the juice

of the lime fruit,

It is a drink that is always cooling and refreshing. The children love it. Order a few bottles to-day. Large supplies have been lately shipped

from London.

MONTSERRAT (3 Kaid by all indias Borçkeezers.

CORPORATIONS, COMPANIES

AND

WELL-ESTABLISHED PRIVATE ENTERPRISES REQUIRING CAPITAL.

THE INVESTMENT REGISTRY, LTD.,

2, Waterlos Place, London, England: (established 1880-invasted funds, £30,000,000),

What about the unbaked bread ?" veyances, but fits. further object is to Miss Nicholson was asked.

It is really unfired bread," she ex- provide means whereby the title to real and immovable property may be easily plained. "It is made of cereals mixed is prepared to parchase for cash existing, or to

up together into a thick paste. traord and ascertained." In this further object it went entirely beyond the ing."

It is very

be created, issues of Bonds or Debentures well- palatable, and, of course, very nourish secured on sound ravenne-producing properties,

When the exhibition opens in April both as to capital and income.

No speculative propositions entertained.

Middlesex Act, and therefore they might there will be many things to astonish the expect to find provision for a perfect ordinary man or woman, but the waiter-Smallest tranenctions considoled, £40,000; less dinner on the foor may not be one of largest, £400000. Only principals or ther

registry as well as for the prevention of fraud. In their natural meaning Sectivas 2, 3 and 1 of the Ordinance seemed to his Lordship to make neccssary provision on either behalf. For these resons his Lordship thought the appeal

uld be dismissed with costa. The Chief Justico said I agros gon

lly with the conclusions arrived at by learned Presiding Judge. There was good deal of now matter introduced in

them,

THE NEW FRENCH REMEDY.

THERAPION No. 1

CORES DISCHARGES, LITTERBEK, WITHOUT THYRETIONS,

THERAPION No. 2

GÜERS BLOOD POISON, BAD DEGE, SIN ERUPTIONS!

THERAPION NO. 3 TURESCHRÖRIG WHAT NEESIS DRAINKING. 29.

(VIGOR, ZE

CURE

BOLDSYLEADING CHEMISTA. PERSEYS: SARD STAMP ADDRESS ENVELOPE FOR FREE DOCK TO DR. LEGLERS MED.CO. HAVERYTOGERD, HAMPSTENS, LONDOS. POR YOU TRY NEW DRAGEN (TANTES,200) TOEM OF EASY TO TAKE

THERAPION

THE TRAT TRADE MARKED WOR

SAFE AND LASTINGCURE. THERAPSON' IS ON

BUT GOTT STARTAIMIREN TO ALS GEBUERE JACKETS 17 QIRDIST ON NAYING THĶEAPION, A

representatives corresponded with; Agents

ignored. Booklet explaining how millions of pounds sterling have already been invested; advantages offered to borrowers and particulars required, will be sent only to principals or their representatives, on application in English, French, German er Spanish, to the--

34

392.2

法在幾代四司契傭士啟 沒東全宗萬自據欸他者 德主百人磅願等三利英資佈 文或萬赛至承件十按國本告 信代磅易多買必兆揭倫者各

ODOWN, No. 145, VỀ Apply to

IWONG BANG HONG IT

249, Des Voeux Road Central (Ollies)

or 93, Prayo East (Warchonse). [291

Hongkong, 10th February, 1913.

TO LET.

N 2ND FLOOR, No. 2, PEDDER STREET,

ONE ROOMED OFFICE,

Apply Property Office.

JARDINE, MATHESON & Co., LTD. Hongkong, 23rd May, 1912.

166

TO LET-AT KOWLOON. ATEW MODERN 3-ROOMED FLATS, with Two Bathrooms, Pantry, Kitchen nd Servanta' Quarters. Bathrooms fitted with English Baths, Kitchen has English caking Range and Hot Water Boiler. Electric Light throughout. Ready for occupation about Middle March.arso

NEW FIVE-ROOMED SEMI-DETACH- ED and TERRACE HOUSES with Tennia Courte. Pomion about Middle March.

Apply to

HUMPHREYS ESTATE & FINANCE

Co., LTD., Alexandra Buildings. Hongkong, 12th February, 1913.

TO LET,

[306

LADIESSA

For functioɛai troubles, delay, pain and those irregularities peculiar to

the sax.

Frescribed by the highest Frodoh M dior authorities and superior tu Tasey, etesi Drops and Pesuy royaı. QHAFOTEAUT, 8. rus Vivienne, Paris Sold by . Chemists.

120-5

VESSELS EXPECTED.

AMERICAN MAIL. The Bank Line str. Orteric arrives at Hongkong to-day, at 9 am,

The T.K.K. str. Nippon Maru left Kobe for Hongkang on the 13th March, and is due here on the 20th March....

The T.K.K. str. Tenyo Maru left

March, and is due to arrive in Hong- kong on the 28th March.

ATORE To Lot, from 1st May, at present Honolulu for Yokohama on the 7th

occupied by Madam Flint. Apply to

ROBINSON PIANO Co., Lt. Hongkong, 22nd February, 1913 1349

TO LET

THE AUSTRALIAN MAIL. The E. & A. str. Eastern left Sydney for this port (via Queeneland Ports, Port FFICE on Ground Floor of 31, Queen's March, and may be expected to arrive Darwin, Timor and Manila) on the ta

Road Central.

Apply

QUEEN'S DISPENSARY. Hongkong, 8th March, 1913,

No

TO LET

1430

TO 27. ROBINSON ROAD. SIX ROOMS, with Outhouse, Commanding Fine View of the Harbour.

Apply to

F. X. D'ALMADA Z CASTRO.

35, Queen's Road Contral, Hongkong, 18th January, 1913. [204

'TO LET.

CHOP in Alexandra Boildings.

Apply

A. 8. WATSON & Co., LTD., Alexandes Baldinga. Hongkong, 27th Novembor, 1912. 166:

TO LET

OF LARGE ROOM sad

ONE SMALL

FFICES or STOCK-BOOMS.

PRIVATE ROOM; Very Cantral,

Apply

Box 100, Care of "Daily Pross" Office. Hongkong, 29th January, 1913. [245 TO LET,

́O. 2, WEST END TEERAGE, Shameen.

From lat May, 1915.

163, PRAYA EAST, GODOWN.

FOR SALE ör TO LET.

Unfurnished, a HOUSE at The Peak Apply--

THE HONGKONG LAND INVEST

MENT AND AGENCY Co. LTD. Hongkong, 1st March, 1913..

165

TO LET

here on or about 8th April

THE GILMAN MAIL, The LG.M. str Princess Alice, carry- ing the German Mail with dates from Berlin of the 10th February, left Singa pore on Saturday, the 15th March, at D m., and may be expected here on or about Thursday, the 20th March, at 3

a.m.

MERCHANT STEAMERS,

The I.G.M. str: Prine Eitel Friedrich left Shangbai on the 15th March," and may be expected here on or about 18th March, at 6 a.m.

The Ben Line str. Benarty, from Antwerp, Middlesbro', and London, left Singapore on the 13th March, a.m., and may be expected to arrive here on or. about 19th March.

The Bank Line str. Bilbiter left Moji on the 13th March, and is expected to arrive here on the 19th March.

The Mogul Line str. Ghazee, from United Kingdom, left Singapore on the 13th March, a.m., and is therefore due hero on or about 19th March.

The LG.M. str. Prinz Waldemar left Kuchinatsu on Sunday, the 16th March, and may be expected here on or about Thursday, the 20th March, p.m...

The T.K.K. str. Buyo Mart, from South American por 3, is expected to arrive here on the 21st March

The str. Glenlochy left Bingapore on the 18th March, and is due here on the 22nd March, a.m.

Co.'s The Swedish East Asiatic Co.'s stras Japan left Port Said on the 28th February, and is expected to arrive here on or, but the 24th March.

The American & Manchurian Line str. Kasengo passed the Suez Canal on the

PAGICAL GODOWN, situated on Water Bront, 25th February, and is due here ou or

本人不四不該英限和 囍 有欲計與十做物金公打公 限看各代萬勘業若同勞司 公各𨦡理磅賴安有於街及 司借組人英起當各一第二股 便熟及交金跌有物于二其 CE24AD B EBARBORA 可利公生者份入威各 寫益司吳少方𫘝十士 商

ARGE SUBSTANTIALLY - BUILA

East Point.

For further particulars apply Property Ollos JARDINE MATHESH & Co. Len Hongkong, 15th August, 1912.4 [67

NOTICE TO CONSIGNEES.

FROM YOKOHAMA, KOBE AND MOJI.

THE Swamship

THE

"TORILLA,"

having arrived from the above Ports, Con- signees of Cargo are hereby informed that their Guoda will be delivered from alongside.

Cargo impeding the discharge will be landed at consignees risk and expense into the hazar. Jous and/or extra inzarions Godowns of the Hongkong and Kowloon Wharf end Godown 溫

Company, Limited.

字填主易本文建理? KıRVARKI H

Purchase Department, INVESTMENT REGISTRY, LTD., 2, Waterloo Place, London, S.W.,

England.

[465

No Fire Insurance has beezi effected. Bills of Lading will be countersigned by the Undersigned.

DAVID SASSOON & CO., LTD.

Agents. Hongkong, 17th March, 1913, 160

about 26th March,

The Mogul Line str. Lothian sailed from the United Kingdom on the 28th Febru- ary, for the Far East via the Straita.

JRITISH INDIA STEAM NAVIGATION CO, LTD. Laisang, from Calcutta, is due in Hong-

kong 28th March.

Fausung, from Chinwantao, is due in

Hongkong 24th March.

Auesang, from Moji, is due in Hongkong

21st March.

Pouksung, from Calcutta, is due in Hong-

kong 21st March.

Hangsang, from Bhanghai, is due in

Hongkong 19th March.

Kwongsing, from Shanghai, is due in

Hongkong 20th March.

Suiseng, from Weihaiwei, is due in

Hongkong 22nd March.

Wingaing, from Wuhu, is dus in Hong

kong 20th March.

SHIRE LINE, LIMITED.

Flintshire, from London, is due in Hong

kong 5th April.